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HomeMy WebLinkAboutRes No 27151 1 1 PLANNING COMMISSION RESOLUTION NO. 2715 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A CHANGE OF ZONE, PRECISE PLAN, AND CONDITIONAL USE PERMIT FOR THE REPURPOSING OF THE FORMER PALM DESERT COUNTRY CLUB EXECUTIVE GOLF COURSE TO ESTABLISH 69 CONDOMINIUM UNITS ON APPROXIMATELY 30 ACRES LOCATED WITHIN PALM DESERT COUNTRY CLUB CASE NO: CZ/PP/CUP/EA 16-280 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of December 2017, hold a duly noticed public hearing to consider the request by McFadden Architects, for approval of the above -noted; 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. 2015-75, in that 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 (MND) can be adopted; and WHEREAS, the executive course at Palm Desert Country Club (PDCC) ceased operations in 2013 and since that time, the course has slowly reverted back to its natural condition; and WHEREAS, the executive course is independently owned and not subject to the voting, legal, or financial assistance of the homeowners' association; and WHEREAS, the City cannot require the continued operation of a private business venture, such as operation of a golf course, and that all property owners are afforded the ability to formal review procedure with the City for the development proposal; 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: 1. The proposed project is consistent with the goals and policies of the Palm Desert General Plan including that the project will provide adequate transition between the surrounding neighborhood and new development, preserves open space, provides on -site recreational amenities, and provides a variation in housing type for the existing Palm Desert Country Club. PLANNING COMMISSION RESOLUTION NO. 2715 2. The project and development intensity provide land use compatibility within the boundaries of the planning areas and with adjacent properties as the development standards and uses are similar to existing uses in the surrounding neighborhood. 3. The project sites and proposed development intensity is suitable and appropriate for the property in that the property provides additional residential units within an existing predominately single-family neighborhood and preserves and enhances portions of existing open space. 4. That the proposed project is not detrimental to the public health, safety or general welfare, or materially injurious to the surrounding properties or improvements in the City of Palm Desert. Findings for Approval: 1. That the density of the proposed project is consistent with applicable general and specific plans. The project is for the construction of 69 condominium units on approximately 30 acres of land formerly operated for the purposes of a golf course. This density, which is approximately 2.3 dwelling units per acre, is nearly half the density of the existing surrounding single-family neighborhood. This type of in -fill development is promoted in the General Plan under the following Land Use Element policies: • LU 1.2 — Open Space Preservation — the project balances the development of the former golf course by preserving 49 percent of the existing open space and creates both a quality built environment and enhanced and recreational open space. • LU 1.6 — Community Amenities — the project provides both private and public amenities available to the entire PDCC neighborhood. Private pools and sports courts are provided for use by residents of the condominium project. New pedestrian paths, community gardens, gazebos, and exercise equipment are provided for the broader community. • LU 2.3 — Landscaping — the project preserves and enhances the existing open space afforded by the former executive golf by providing an open green space network. • LU 2.11 — Roadway Scale — the project provides curvilinear roadways that are 24 feet wide and are connected into the existing surrounding roadway network. The roadway scale is appropriately sized to slow vehicle movements in the project site. In addition, some roadways 2 PLANNING COMMISSION RESOLUTION NO. 2715 1 portions are broken up to eliminate through traffic within the Sites and to promote pedestrian connections. • LU 3.3 — Variety of Neighborhoods — the condominium project contributes to a varied housing product and price point for PDCC. • LU 3.10 — Shared Driveways — the project provides for several opportunities for shared driveways for groupings of condominium units. These grouping and share driveways reinforce the pedestrian scale of the roadways. • LU 3.17 — Gated Communities — similar to the existing PDCC, this project is not gated. • LU 3.21 — Infill Neiahborhood — this project achieves the goals of this policy by providing additional community amenities, providing destinations for recreational space, and providing pedestrian connections internal to the project sites and to the broader surrounding neighborhood. 2. That the design or improvement of the proposed project is consistent with applicable general and specific plans. The design and improvements of the project have been reviewed by the Planning Department, Fire Department, and Public Works Department for consistency with the General Plan and emergency services. The lot sizes, 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 and new streets will be designed and constructed to City standards. 3. That the site is physically suitable for the type of development. The development of the former executive golf course at PDCC contains approximately 30 acres and is suitable for the development proposed. Existing utilities and roadways serve the surrounding area and can accommodate the additional development of 69 condominium units. Environmental, cultural, and other special studies were prepared for lands within the project area. No environmental issues were identified that would indicate that development in this area would be unsuitable. In addition, existing commercial operations and residential developments have successfully constructed similar types of development in the immediate vicinity. No obstacles to the 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 3 PLANNING COMMISSION RESOLUTION NO. 2715 it. The property is suitable for the proposed development as conditioned and mitigated as described in the Initial Study and MND. 4. That the site is physically suitable for the proposed density of development. The project density is 2.3 dwelling units per acre; approximately one-half the density of the existing single-family neighborhood. Utilities are in place and can accommodate the additional development of condominiums. Public safety services and schools are adequately staff and can accommodate the additional residential units. The sites can accommodate the proposed density of the project and can achieve a 49 percent preservation of open space. 5. That the design of the project 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 the California Environmental Quality Act (CEQA), a MND 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 densities and limited wildlife is present at the site. 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 the project. 6. That the design of the project or the type of improvements is not likely to cause serious public health problems. The design and layout of the 69 condominium units and the improvements for new roadways, grading, and drainage, 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, retaining walls, drainage swales, and open space provided throughout the subdivision. Pedestrian access is provided to adjoining land uses and surrounding roadways, which decreases the need for vehicular traffic between adjoining properties. 7. That the design of the project 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 new drainage improvements within the project boundaries, including drainage swale, retention basins, curbs and gutters. The improvements related to drainage will be provided to ensure the project area accommodates 100 percent of the 100-year storm. Surrounding perimeter City streets are built -out to the General Plan designation and the 4 PLANNING COMMISSION RESOLUTION NO. 2715 1 1 1 developer will complete roadway connections into their project at intersections with existing streets to their ultimate build -out. Pedestrian connections will also be provided throughout the project area. 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 recommend approve of CZ/PP/CUP/EA 16-280 to the City Council, 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 19th day of December 2017, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, and PRADETTO NOES: HOLT ABSENT: NONE ABSTAIN: NONE ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION JOSEPH PRADETTO, CHAIRPERSON 5 PLANNING COMMISSION RESOLUTION NO. 2715 CONDITIONS OF APPROVAL CASE NO. CZ/PP/CUP/EA 16-280 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 receive approval of tentative tract maps for the condominium development within one (1) year of project approval or all applications approved under this Resolution shall be null and void. 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 Precise Plan and future Tentative Tract Maps 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. A cultural resources inventory shall be completed by a qualified archeologist prior to any development activities within the project area. 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. The project shall remain ungated and shall continue the street naming theme present within PDCC. All street names shall be named for States of the United States of America. 6 PLANNING COMMISSION RESOLUTION NO. 2715 1 1 1 8. Perimeter walls shall be placed on the developer's side of the abutting property line. The developer shall meet with and discuss the property wall design options with abutting neighbors and offer a choice between the three options approved by the Architectural Review Commission and Planning Commission. 9. All recreational amenities shown in the approved plans shall be installed by the applicant including, pool areas, gazebos, pavilions, pathways, and exercise equipment. Changes to the play areas and exercise equipment shall be reviewed by the Director of Community Development. 10. The project shall not exceed the density approved by the Planning Commission. All buildings shall be single -story and shall not exceed a height of 18 feet with the exception of architectural elements, which shall not exceed the heights permitted by the Palm Desert Municipal Code (PDMC). 11. All sidewalk plans shall be reviewed and approved by the Department of Public Works. 12. Each Planning Area shall be subject to all applicable fees at the time of issuance of building permits for improvements within that Planning Area. 13. The developer agrees to pay an in lieu affordable housing fee not to exceed $12.50 per gross square foot of livable space per unit for the entire project. The fee shall be paid at building permit issuance on a per unit basis. 14. The developers and their landscape architect, agree to meet with individual homeowners regarding final tree placement within the site area. Tree quantities shall not be less than those shown in the preliminary landscape plan. 15. Final landscape plans shall be prepared by a registered and licensed landscape architect and submitted to the Department of Community Development for review. The plan shall be consistent with the preliminary landscape plans reviewed by the Planning Commission, unless changes are requested by the Planning Department staff. Changes shall be limited to plant quantities, sizes, types, and phasing of landscape improvements at the project site. Landscape plans must meet the following criteria: A. Must be water efficient in design and meet the City of Palm Desert's Water Efficiency Landscape Ordinance. B. Planting plans must show the location of proposed and existing utilities. C. Must match approved civil plans. D. All specifications and details must be site specific. E. Applicants must have the Coachella Valley Water District's (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. G. Plantings shall be shown at a minimum size of five gallons. 7 PLANNING COMMISSION RESOLUTION NO. 2715 H. Trees shall be shown at a minimum size of 24-inch box with a minimum one - inch caliper. 16. The applicant shall pay into the City's Public Art Fund. It is recommended that this fee is used for an on -site public art project within the project site. 17. 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. 18. 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. DEPARTMENT OF PUBLIC WORKS: Prior to recordation of any Tract Maps and any permits for this project: 19. The tract maps shall be submitted to the Director of Public Works for review and approval. 20. If applicable, record a Declaration of Annexation incorporating the new Tots/owners into the existing homeowners' association and Covenants, Conditions, & Restrictions (CC&Rs) concurrently with the final map, unless the existing CC&R's have provisions for such annexation, then proof of which shall be submitted prior to tract map approval. 21. The applicant shall pay the appropriate signalization fee in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55. 22. Drainage fees shall be paid in accordance with Section 26.49 of Palm Desert Municipal Code and Palm Desert Ordinance Number 653. 23. Park fees in accordance with Palm Desert Municipal Code Section 26.48.060 shall be paid prior to the recordation of the tract map. Prior to the issuance of grading permits the applicant shall: 24. 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. 25. 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 County's Recorder Office and a conformed copy shall be provided to the Department of Public Works. 8 PLANNING COMMISSION RESOLUTION NO. 2715 1 1 1 26. Provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with the State Water Resources Control Board. Such evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed. 27. 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. 28. Identify all proposed and existing utilities on the precise grading plan. 29. Storm drain/retention area design and construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works. 30. Pad elevations, as shown on the tentative map, are subject to review and modification in accordance with Chapter 27 of the PDMC. BUILDING AND SAFETY DEPARTMENT: 31. Development of 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. 32. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 33. 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. 34. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11B-206) 35. Detectable warnings shall be provided where required per CBC 11B-705.1.2.5 and 11 B-705.1.2.2. The designer is also required to meet all ADA requirements. Where 9 PLANNING COMMISSION RESOLUTION NO. 2715 an ADA requirement is more restrictive than the State of California, the ADA requirement shall supersede the State requirement. 36. Provide an accessible path of travel to the trash enclosure. The trash enclosure is required to be accessible. Please obtain a detail from the Dept of Building and Safety. 37. Public pools and spas must be first approved by the Riverside County Department of Environmental Health and then submitted to Department of Building and Safety. Pools and Spas for public use are required to be accessible. 38. 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. 39. 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. 40. Address numerals shall comply with Palm Desert Ordinance No. 1265 (PDMC 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 PDMC Section 15.28 from the Department of Building and Safety counter staff. 41. Please contact Building and Safety Technician II Cherie Williams at the Department of Building and Safety at (760) 776-6420 regarding the addressing of all buildings and/or suites. FIRE DEPARTMENT: 42. 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. 43. 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-hour duration for single-family dwellings and 4,000 PGM at 20-PSI residual operating pressure for a four-hour duration for multi- family projects. The developer shall also provide a water system capable of delivering 4,000 GPM at 20-PSI residual operating pressure with a four-hour duration for all commercial land developments. 10 PLANNING COMMISSION RESOLUTION NO. 2715 1 1 1 44. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" 2 1" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart at each intersection, and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant for single-family dwellings and 350 feet apart at each intersection, and shall be no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant for multi -family projects. The required fire flow shall be available from any adjacent hydrant(s) in the system. 45. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC Chapter 5). 46. Fire apparatus access roads and driveways shall be designed and maintained to support the imposed Toads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 60,000 lbs. GVW with a minimum AC thickness of .25 feet. In accordance with Section 3310.1 prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. 47. The gradient for fire apparatus access roads shall not exceed 15 percent. All access roads shall have an unobstructed width of not less than 20 feet for commercial and 20 feet for residential with an unobstructed vertical clearance of not less than 13 feet and six inches. 48. Maximum cul-de-sac length shall not exceed 1,320 feet. Minimum outside turning radius on any cul-de-sac shall be 37 feet for single-family developments and 45 feet for multi -family developments. 49. Dead end roadways and streets in excess of 150 feet, which have not been completed, shall have a turnaround capable of accommodating fire apparatus. 50. The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation of all private water systems pertaining to the fire service loop for the underground water system. 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. The 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. 51. 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 prior to issuance of building permits. 11 PLANNING COMMISSION RESOLUTION NO. 2715 52. 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. 53. A "Knox -box" shall be provided and shall be installed a minimum of six feet in height and be located to the right side of fire riser sprinkler rooms. 54. 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. 12 PLANNING COMMISSION RESOLUTION NO. 2715 EY LN E OLINE DR mNE DANCE LN . • IMUSIA V•LLEY WAY T TL— SCIMITAR WAY 1.7:1 6-0lL [— "e,E - •-:: _, . f-r:;7/ 9 ._ k Nft, ,' ...!' Ao. . z -,J,.1 L-J 5 it P -III Hir KYR•R RR !SCRIMS AVE NEW YORK AVE KTRAR LiLi ,111J 11.1111 11th1111_11T- E r_172/- I , CALIFORNIA AVE City of Palm Desert ot VIE SI o •bi 41/ s•-• 1 OKLAKOM• AVE KENTUCKY AVE ,4\ ELORIDA AVE FRED WARING DR HOVLEY LN E MICISWAN OR PRESTON ERE r- 1 I -L""\ 1.;-11. i ..f 1.i.I.I.I1,,ti-jirrifFiii. ....-__Ii.. 1 f_Li1 I I itk1: i -._tr:,, ‘1‘\\' i ,i'_-:--,iir' ,..._.. 1 1 i„-..- -- t-2,-ff-, ..„.,- i_ _ FLORIDA 1 _ ; > —• INDIANA 1 LI ; AV c' 11 I -- cc Proposed Zoning Change 0.S. To R-2 Case No. CZ 16-280 PLANNING COMMISSION 2715 CHANGE OF ZONE EXHIBIT A RESOLUTION NO. Date: Decemberr 19, 2017 1 3