HomeMy WebLinkAboutRes No 27251
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PLANNING COMMISSION RESOLUTION NO. 2725
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN TO
MODIFY THE ORIGINAL ENTITLEMENTS FOR LOT 3 WITHIN VILLA
PORTOFINO TO CONSTRUCT A NEW 161-UNIT ACTIVE ADULT
COMMUNITY INSTEAD OF CONSTRUCTING A 161-UNIT SKILLED
NURSING FACILITY, LOCATED AT 40-445 PORTOLA AVENUE; AND
ADOPTION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
CASE NOS: PP 18-0004
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 17th day of July 2018, hold a duly noticed public hearing to consider the request by
Avenida Partners, LLC, for approval of the above -noted project request; and
WHEREAS, the Architectural Review Commission of the City of Palm Desert,
California, did on the 26th day of April 2018, hold a public hearing to consider the request by
Prest Vuksic Architects, and recommended 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 Villa Portofino project
was subject to a comprehensive CEQA review at the time it was initially approved in 1998. Since
that time the project has been under construction. The current approvals merely reaffirm the
prior approvals do not change them in any material way. Staff has reviewed the prior CEQA
analysis and current conditions, and confirmed that there are no changes in circumstances or
the project that would warrant additional CEQA review at this time. As it is clear that the
reaffirmation of prior approvals will not have any significant effect on the environment, the project
is categorically exempt from further environmental analysis; and
WHEREAS, the project conforms with the original entitlements PP 98-21 and
Development Agreement No. 907; 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. 2725
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 as proposed.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 17th day of July 2018, by the
following vote, to wit:
AYES: DE LUNA, GREENWOOD, HOLT, and PRADETTO
NOES: NONE
ABSENT: GREGORY
ABSTAIN: NONE
ATTEST:
FOR
RYAN STEN EI L, SECRETARY
PALM DESERT PLANNING COMMISSION
-o
JOSEPH PRADETTO, CHAIRMAN
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PLANNING COMMISSION RESOLUTION NO. 2725
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CONDITIONS OF APPROVAL
CASE NO: PP 18-0004
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 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.
3. Construction of improvements, in accordance with the approved Precise Plan, shall
commence within one (1) year from the date of approval unless a time extension is
granted; otherwise, said approval shall become null, void and of no effect whatsoever.
4. The development must conform to the original entitlements development standards
within PP 98-21 and with all provisions within Development Agreement No. 907.
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:
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. All sidewalk plans shall be reviewed and approved by the Department of Public Works.
7. 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.
8. Lighting plans shall be submitted in accordance with the Palm Desert Municipal Code
(PDMC) Section 24.16 for any landscape, architectural, street, or other lighting types
within the project area.
9. 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.
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PLANNING COMMISSION RESOLUTION NO. 2725
DEPARTMENT OF PUBLIC WORKS:
Prior to issuance of a grading permit:
10. 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.
11. 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.
12. The applicant shall abide by all provisions of City of Palm Desert Ordinance No. 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
13. The applicant shall pay the appropriate signalization fee in accordance with City of Palm
Desert Resolution Nos. 79-17 and 79-55.
14. Park fees, in accordance with PDMC Section 26.48.060, shall be paid.
15. The applicant shall submit a final Water Quality Management Plan (WQMP) for review
and 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 Public Works Department.
16. Pad elevations, as shown on the tentative map, are subject to review and modification in
accordance with Chapter 27 of the PDMC.
17. 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 landscaping along the Portola Avenue frontage.
BUILDING AND SAFETY DEPARTMENT:
18. 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.
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PLANNING COMMISSION RESOLUTION NO. 2725
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19. An approved automatic fire sprinkler system shall be installed as required per the City of
Palm Desert Code Adoption Ordinance 1265.
20. 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.
21. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B-
206).
22. 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.
23. 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.
24. All common use facilities, areas, amenities, etc. are required to comply with Chapter 11 B
of the California Building Code.
25. 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.
26. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per PDMC, Title 5.
27. 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.
28. Address numerals shall comply with Palm Desert Ordinance No. 1265 (PDMC 15.28).
Compliance with Ordinance No. 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 No. 1265 or Municipal Code Section 15.28 from the
Department of Building and Safety counter staff.
FIRE DEPARTMENT:
29. 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.
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PLANNING COMMISSION RESOLUTION NO. 2725
30. 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.
31. 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.
32. 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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