HomeMy WebLinkAboutRes No 27211
1
PLANNING COMMISSION RESOLUTION NO. 2721
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING TENTATIVE TRACT MAPS
37240, 37241, AND 37242 FOR CONDOMINIUM PURPOSES TO
ESTABLISH 69 CONDOMINIUM UNITS ON APPROXIMATELY 30 ACRES
LOCATED WITHIN PALM DESERT COUNTRY CLUB (PDCC)
CASE NOS: TTM 37240, TTM 37241, & TTM 37242
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 19'h day of June 2018, hold a duly noticed public hearing to consider the request by
McFadden Architects, for approval of the above -noted; and
WHEREAS, the City Council, at their meeting of May 24, 2018, adopted Ordinance
1337 for a Change of Zone of the golf course property from Open Space (OS) to Mixed -
Residential (R-2) to allow for residential development on the former golf course; and
WHEREAS, the City Council, at their meeting of May 10, 2018, adopted Resolution
No. 2018-16, approving a Precise Plan, Conditional Use Permit, and a Mitigated Negative
Declaration (MND) for the repurposing of the former Palm Desert Country Club Executive
Course (Executive Course), with 69 condominium units on approximately 30 acres; 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) was adopted by the City Council at their meeting of May 10,
2018; and
WHEREAS, the Executive Course 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 (HOA); and
WHEREAS, the City cannot require the continued operation of a private business
venture, such as the 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 an 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 PDCC.
PLANNING COMMISSION RESOLUTION NO. 2721
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 Course 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 portions are
broken up to eliminate through traffic within the sites and to promote
pedestrian connections.
2
PLANNING COMMISSION RESOLUTION NO. 2721
1
1
1
• 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 Neighborhood — 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 Course 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 it.
The property is suitable for the proposed development as conditioned and
mitigated as described in the Initial Study and MND.
3
PLANNING COMMISSION RESOLUTION NO. 2721
4. That the site is physically suitable for the proposed density of development.
The project's 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
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.
4
PLANNING COMMISSION RESOLUTION NO. 2721
1
1
1
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings of the
Planning Commission in this case.
2. That the Planning Commission does hereby approve Tentative Tract Map 37240,
37241, and 37242, 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 June 2018, by the
following vote, to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
JOSEPH PRADETTO, CHAIRPERSON
5
PLANNING COMMISSION RESOLUTION NO. 2721
CONDITIONS OF APPROVAL
CASE NOS. TTM 37240, TTM 37241, and TTM 37242
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.
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
6
PLANNING COMMISSION RESOLUTION NO. 2721
1
1
1
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.
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.
7
PLANNING COMMISSION RESOLUTION NO. 2721
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 lots/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.
24. As a means to preserve the improvements built by individual property owners onto the
former golf course site, the applicant shall grant a "use and access" easement to those
existing properties. Said easement shall be provided on the tentative tract maps and
recorded with the maps.
Prior to the issuance of grading permits the applicant shall:
25. 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.
26. 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.
27. 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
8
PLANNING COMMISSION RESOLUTION NO. 2721
1
1
1
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.
28. 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.
29. Identify all proposed and existing utilities on the precise grading plan.
30. 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.
31. 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:
32. 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
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.
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 Department of Building and
Safety.
9
PLANNING COMMISSION RESOLUTION NO. 2721
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 PDMC, 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.
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.
10
PLANNING COMMISSION RESOLUTION NO. 2721
1
1
1
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 loads 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.
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.
11